Post-divorce name change

January 9, 2017Accel Admin

After a divorce has been finalized, one of the ways that a lot of people use to get closure is for them to change their last name back to the name they had prior to the marriage. Although today this notion is less popular than it once was, a lot of people choose to take their new spouse’s last name when they get married. It is also becoming more popular for people to hyphen their maiden name with their spouse’s last name when they get married.

In the event that you and your spouse get divorced, you may feel the need to change your name back. There are specific steps that you need to take in order to change your name back to what it was. It is important to be aware that even if you have children with your spouse, their last name will remain the same after the divorce. However, like your own name, you can make the decision to change it. In order to complete any name change request in New York State, you will be required to file a Name Change Petition that must be notarized. You will be required to pay a fee of either $210 if you are filing your petition with a Supreme or County court, or $65 if you are filing your petition with the New York City Civil Court.

The Name Change Petition will require you to indicate why you wish to change your name, any crimes you have been convicted of, any bankruptcies or liens in your name, any lawsuits you may be involved in, and whether or not your current name is attached to a child or spousal support order. This serves to prevent any person from avoiding child support payments or commit other fraud. If the judge suspects that you are changing your name for an unethical reason, your name change may be denied. It can also be denied by the court if the new name is “bizarre, unduly length, ridiculous, or offensive.”

If you have questions regarding a name change, you should consult with your divorce attorney who can assist you.

If you need quality and compassionate legal services from an experienced collaborative divorce lawyer or the guidance from a seasoned mediator, contact Leslye M. Schlesinger today.

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